The article discusses openness of the results of the law-making activities that local government performs. Currently in Russia there is an electronic platform that allows to get access to the whole system of municipal legal acts in a unified form. In turn, legal regulation in this field is quite ambiguous and is not featured with framework of categories and concepts. The "Municipal Legal Acts of the Krasnoyarsk Krai" electronic information system is offered as a possible solution to the problem. Its structure includes two user interfaces, one of which is intended for the access of the citizens of the municipal unit and other interested persons to the database of municipal legal acts. The second one is intended for municipal officers, which form this database. The functional features of the electronic information system and the logic of a database building allow users to observe the current edition of a municipal legal act, view the history of the changes made to it, as well as track the links arising between acts in the process of law-making activities of local governments. Unlike most analogues, this system allows to store and publish legal acts with individual content, as well as, if necessary, to ensure their confidentiality. The implementation of such a system in the practice of municipalities has anticorruption potential, which is expressed in increasing the legal awareness of the population of the municipality, enhancing public control over the activities of local governments, as well as providing independent anti-corruption expertise of municipal regulations and their projects.
The problem of political corruption is particularly relevant for modern criminological science. The processes of formation and functioning of power, due to their high social significance, have long been subject to negative corruption, and therefore they need a special protection mechanism. The subject of the study is the legal regulation of banning the financing of political activities (election campaigns), as well as its reflection in the local regulations of commercial organizations. The article presents a general description of the illegal financing of election campaigns as a form of political corruption, describes the problems of applying measures of retrospective responsibility in relation to its subjects, and also evaluates the effectiveness of banning the financing of political activities (election campaigns) in the system of preventing this form of corruption. To study the practice of regulating the prohibition in question at the level of local regulations of commercial organizations, the authors conducted monitoring of the official websites of 250 major Russian companies based on the methods of statistical analysis of socio-legal phenomena and processes. The results of the study allow us to conclude that it is necessary to take a set of measures aimed at encouraging commercial organizations to adopt anti-corruption compliance programs which will include a ban on financing political activities (election campaigns), as well as aimed at limiting the possibility of committing relevant corruption offenses
A prohibition for persons holding government (municipal) positions, for government (municipal) employees, and some other employees of the public sphere who are public officials to receive remuneration (gifts) is aimed at preventing bribery (Art. 290, 291, 291.2 of the Criminal Code of the Russian Federation), and could be viewed as a measure of anti-corruption criminological security. However, the existing collisions of civil, administrative and criminal law norms that regulate this prohibition lead to an ongoing discussion in research publications and complexities in practice. The goal of this research is to study the conditions and identify the problems of the legal regulation of receiving remuneration (gifts) in connection with the performance of official duties that prevent the implementation of anti-corruption criminological security. The authors use the legal theory of security measures to analyze the provisions of Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation and Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», examine the doctrinal approaches to defining the priority of enforcing the above-mentioned norms, study the significant features of the category «ordinary gift» and conduct its evaluation from the standpoint of differentiating between gifts and bribes, also in connection with the criteria of the insignificance of the corruption deed. The empirical basis of the study is the decisions of courts of general jurisdiction. The authors also used their experience of working in Commissions on the observance of professional behavior and the resolution of conflicts of interests at different levels. The conducted research allowed the authors to come to the following fundamental conclusions: 1) the special security rule under Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», which sets a full prohibition for government employees to receive remuneration (gifts) in connection with the performance of official duties, contradicts Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation (the existing legal-linguistic vagueness of categories in Art. 575 of the CC of the RF leads to problems in law enforcement and makes a negative impact on the anti-corruption mentality of people); 2) as the concepts «gift» and «bribe» do not logically intersect, the development of additional normative legal criteria for their delineation seems to be unpromising and will lead to a new wave of scholastic and practical disagreements; 3) the introduction of a uniform and blanket ban on receiving remuneration (gifts) in the public sphere by eliminating Clause 3, Part 1, Art. 575 of the CC of the RF seems to be an effective measure of preventing bribery, and its application is justified until Russian society develops sustainable anti-corruption mentality.
The object of this research is the abuse of administrative resource as one of the manifestations of corruption crime in the electoral process. Being a multidimensional negative phenomenon, the abuse of administrative resource does not have legal or generally accepted doctrinal definition, which impedes the development of the effective system of legal restrictions aimed at protection of electoral relations from such type of corruption. The subject of this research is the scientific works of the experts in sociology, political science, economics, and law that disclose the essential characteristics of the phenomenon in question. The goal lies in the formation of holistic representation on the abuse of administrative resource in the electoral process. The author examines and summarizes the approaches towards the concept of administrative resource proposed in different social sciences; determines the key legal elements of abuse of administrative resources in the electoral process, which reveal its corruption essence; formulates definition of this negative phenomenon. Scientific novelty lies in distinguishing the three independent approaches towards comprehension of administrative resource in the electoral process: socio-political, political-economic, and formal-legal. The absence of apparent contradictions, as well as complementarity of these approaches, allows forming holistic perspective on the administrative resource. Focusing attention on the formal-legal approach, the author concludes that the leading features of abuse of administrative resource in the electoral process in the special subject composition, method of wrongdoing, as well as corruption goal pursued by the actor of electoral process. The original definition of abuse of administrative resource in the electoral process is offered.
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